Constitutional History of England, Henry VII to George II. Volume 1 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 1 of 3
Hallam, Henry
Constitutional history -- Great Britain
displeasure that "the house had been troubled with a thing impertinent
for them to deal with, and only belonging to the charge and office of
the lord chancellor, whom she had appointed to confer with the judges
about the returns for the county of Norfolk, and to act therein
according to justice and right." The house, in spite of this peremptory
inhibition, proceeded to nominate a committee to examine into and report
the circumstances of these returns; who reported the whole case with
their opinion, that those elected on the first writ should take their
seats, declaring further that they understood the chancellor and some of
the judges to be of the same opinion; but that "they had not thought it
proper to inquire of the chancellor what he had done, because they
thought it prejudicial to the privilege of the house to have the same
determined by others than such as were members thereof. And though they
thought very reverently of the said lord chancellor and judges, and knew
them to be competent judges in their places; yet in this case they took
them not for judges in parliament in this house: and thereupon required
that the members, if it were so thought good, might take their oaths and
be allowed of by force of the first writ, as allowed by the censure of
this house, and not as allowed of by the said lord chancellor and
judges. Which was agreed unto by the whole house."[451] This judicial
control over their elections was not lost. A committee was appointed, in
the session of 1589, to examine into sundry abuses of returns, among
which is enumerated that some are returned for new places.[452] And
several instances of the house's deciding on elections occur in
subsequent parliaments.
Public-domain text, read in full here on John Shaqi.
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